Zaiza v. Tamplen et al

Filing 31

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 6/14/2018 RECOMMENDING plaintiff's claims against defendants Holmes, Shriver, and Damn be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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No. 2:15-cv-0447-KJM-EFB P

JOSE R. ZAIZA,
Plaintiff,

FINDINGS AND RECOMMENDATIONS

v.
D. TAMPLEN, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. By order filed January 31, 2018, the court found that plaintiff had stated

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potentially cognizable claims against defendants Giessner, Tamplen, Robertson, Davis, Gonzales,

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Fleming, and Arana. ECF No. 16. The court informed plaintiff he could proceed against those

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defendants only or file an amended complaint within 30 days that also states a claim against

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defendants Holmes, Shriver, and Damn. Id. The time for amending has passed and plaintiff has

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elected to proceed only with the claims against defendants Giessner, Tamplen, Robertson, Davis,

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Gonzales, Fleming, and Arana. See ECF No. 17.

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Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s claims against
defendants Holmes, Shriver, and Damn be dismissed without prejudice.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections

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within the specified time may waive the right to appeal the District Court’s order. Turner v.

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Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: June 14, 2018.

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